43
the Special Commission dedicated a chapter to the facts of the Guerrilha do
Araguaia and determined 62 persons as victims, indicated as disappeared victims
in the present case.150
116. In addition, in the public hearing Brazil noted that “it reaffirms its
responsibility for the violations of human rights which occurred during the tragic
episode known as the Guerrilha do Araguaia.” Moreover, the processing of the
present case before this Court, in a reiterated manner, the State noted that via
Law No. 9.140/95 as well as the Special Commission recognized, domestically, its
responsibility for the deaths and enforced disappearances inter alia, of the
members of the Guerrilha do Araguaia.151 Among other manifestations, the State
expressly affirmed that:
[b]y way of the approval of Law No. 9.140/95, the State of Brazil promoted
the official recognition of its responsibility on the deaths and disappearances
that occurred during the military regime […];
[i]n addition [to said] explicit recognition […] on August 29, 2007, the State
of Brazil launched the Book-Report “Right to Memory and Truth – Special
Commission on Political Deaths and Disappearances of Persons,” during a
public act carried out at the Planalto Palace, seat of the Federal Government,
with the presence of the President of the Republic, of several Ministers of
State, of members of the Legislative Power, and of the next of kin of the
victims of the military regime. In this event, the President of the Republic, in
his discourse, referred to the recognition of responsibility of the State of
Brazil regarding the issue of the deaths of the opposition.
[The Report of the Special Commission] contains the official version on the
violations of human rights, committed by agents of the State, reinforcing the
public recognition of the responsibility of the State of Brazil.152
117. The Inter-American Commission recognized “the good faith of the State in
accepting the ‘arbitrary detention, torture of the victims and their disappearance,’
pursuant to the severity and continued or permanent nature of the crime of
enforced disappearance and of the extermination policy of the State in place
against opposition groups, via the Armed Forces, in the region of Araguaia.” On
their behalf, the representatives requested the Court to take note of the State’s
recognition of the facts and the acceptance of responsibility, and that the reach of
said manifestations be incorporated into the Judgment.
150
In addition to the 60 alleged victims of this case recognized Law No. 9.140/95, the Book
Right to Memory and Truth recognized, among others, Messers. Antônio Pedro Ferreira Pinto and
Pedro Matias de Oliveira (or “Pedro Carretel”) as victims of enforced disapeparance during Guerrilha
do Araguaia. Both are alleged victims in the present case.
151
Cf. Case file on the merits, tome II, folios 553 and 554. Moreover, during the processing of
the case before the Inter-American Commission, the State expressed in similar terms, that “[t]he
implementation of the Law [No.] 9.140/95 is that the Governor of Brazil assumed de facto the
objective responsibility for the ‘politically disappeared,” which includes, evidently, the
acknowledgment of civil and administrative responsibility of its public agents. In relation to the
criminal responsibility of these public agents, Law [No.] 6.683 of August 28, 1979, applies, which is
called the “Amnesty Law,” brief of February, 1997 (case file of annexes to the application, appendix 3,
tome I, folio 1716). In addition, the State noted that “[a]t the level of international protection, the
acknowledgment of responsibility [effectuated] by the State is considered a relevant demonstration of
good faith in the observance of principles related to international treaties on human rights.” The State
also requested the Commission to consider “the acknowledgment of the deceased, effectuated by Law
[No.] 9.140/9[5], as well as the State responsibility for the practiced acts.” Cf. brief of observations
regarding the additional arguments of the representatives, May 7, 2007 (case file of annexes to the
application, appendix 3, folios 2675 and 2677).
152
Brief of the answer to the application (case file on the merits, tome III, folios 553 and 554).
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